Cumberlong Holding Pty Ltd v Dalcross Properties Pty Ltd [2011] HCA 27

7 September 2011

In a recent decision, the High Court allowed an appeal from the NSW Court of Appeal regarding the operation of section 28 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).

The High Court granted an injunction to prevent a development permitted by an environmental planning instrument but prohibited by a private covenant, on the basis that the relevant provision in the environmental planning instrument had not been approved by the Governor.

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